German Federal Constitutional Court Rules on 'Online Search' of Computers
April 29, 2008
Recently, the highest German Court, the Federal Constitutional Court confirmed a new human right regarding a person's 'confidentiality of data and integrity of IT systems.' The judgment is a landmark decision that will have impact on further legislative activity as well as IT jurisdiction in various areas. The new right is being derived from the 'general personal right,' one of the fundamental human rights of the German constitution.
e-Commerce Meets American Idol
April 29, 2008
With review sites, blogs and commentary appearing everywhere online ' and who knows if anyone other than these sites' creators read them ' let's examine the legal implications of online commentary, everything from writing a review of a book you love on Amazon.com, to registering a domain name and creating a Web site.
Technology in Marketing: YouTube for Lawyers 101
April 28, 2008
There is no question that online video has become one of the hottest mediums on the Web. For example, a recent Accustream iMedia study found that user-generated video captured 22 billion page views in 2007. Importantly, the interest in online video is not limited to young viewers, but is also shared by a significant and growing audience of older, more educated, and more affluent viewers.
The Employment Discrimination Class Action Is Alive and Well
April 28, 2008
Just when some thought it might be safe to presume that class action discrimination lawsuits under Title VII of the Civil Rights Act and the Age Discrimination in Employment Act were on the wane, several recent decisions involving the huge retailer, Wal-Mart, Inc., should give many employers pause for thought.
International Custody Disputes
March 28, 2008
Family lawyers with cases involving application of Section 105(c) of the UCCJEA need to marshal Internet and other resources to determine whether the child custody law of a foreign jurisdiction violates a child's fundamental right to safety and protection. Although Section 105(c) does not provide a broad exception to the otherwise stringent standards of the UCCJEA, in cases where a child's welfare is threatened by deferral of jurisdiction to a foreign tribunal or enforcement of a foreign order, a trial court can invoke Section 105(c) to circumvent application of the UCCJEA's rigorous jurisdictional and enforcement provisions.
The Place to Network: Woe Is Me: Why Must I Network?
March 28, 2008
In the field of law, the resistance to networking might appear more prevalent than in other fields. Part of this resistance results from ethical constraints, but there is much to be said of networking's reputation as the unsophisticated tactic of the needy.
Charney v. Sullivan & Cromwell: What Lessons Lie Here for Your Firm?
March 28, 2008
You might not have followed, or might not even be aware of, a suit by former Sullivan & Cromwell associate Aaron Charney against his firm, and the firm's subsequent suit against Charney. Gossip aside, the case, which settled on Oct. 25, 2007, should be noted by law firms, if for no other reason, than to learn how not to handle discrimination and retaliation complaints.
Boston Duck v. Super Duck: Court Rules That Sponsored Linking Can Ruffle Feathers
March 28, 2008
In <i>Boston Duck Tours, LP v. Super Duck Tours</i>, the District Court of Massachusetts ruled that sponsored linking qualifies as 'use in commerce' for purposes of trademark infringement under the Lanham Act. Although the court ultimately found no likely consumer confusion in this case, in holding that sponsored linking falls within the purview of the Lanham Act, the court joins a growing number of circuits and districts that have failed to take a cue from well-settled, and clearly analogous, offline trademark principles.
The Cost of Security
March 28, 2008
With the ever-increasing focus on security, wage and hour class actions create potential liability for a variety of employers, from airport vendors to power plants to retailers. Fortunately for these employers and others, the recent, yet limited, case law has held that such time is not compensable. Moreover, general wage and hour principles support this conclusion.
GA Court to Rule on Suit over TV Show Interactive Element
March 27, 2008
Text messages, cell phones, TV game shows, Howie Mandel ' none of these could have been contemplated by Georgia's colonial lawmakers when they first passed a law allowing gamblers to recover their losses through lawsuits. The current version of the law is at the center of a case against NBC Universal and the producer of Mandel's hit show, 'Deal or No Deal,' now being considered by the Georgia Supreme Court.
